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Can A Former Employer Give Your Drug Test Information Due To Background Check?

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You should have in mind that workplace drug testing is one of the most common procedures that are happening to both employees and potential candidates. 

In case you have signed an authorization to an employer to conduct a background check, the question is, can an old employer disclose the information to a new one and is that affecting privacy rights?

Most employers and HR experts will try to verify information from the job candidate’s past by contacting past employers and getting relevant background check as well. 

Therefore, if you have passed a drug test before, that particular information will be entirely available for a new employer.

In case that you wish to find out how to pass a urinalysis on short notice, you should enter the link we shared with you so that you can read a comprehensive guide that will help you along the way.

The main misconception that most people have is that the past employer is forbidden to share prior information about you. However, reality tells us that previous employers can provide any information as long as everything is accurate, job-related, and truthful.

Therefore, you can expect that your previous employer can discuss past drug screening results, and if you failed before, that might affect future jobs as well.

Let Us Start With Department Of Transportation

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In case you were a DOT-regulated employee, it means that you had to submit random alcohol and drug testing. Therefore, a new employer can confirm the results and read them entirely by contacting DOT, and that is a part of a background check.

Information that they can get may include whether results and negative or positive, as well as cheating information if you were caught. 

For instance, if you refused to take a test, that is considered a failed screening, which means that your new employer will have that information. 

Since alcohol and drug testing regulations entirely regulate most industries, the drug test results are available for future employers up to three years from the date.

If you are operating under federal contract, it means that you have to create a completely drug-free workplace. Have in mind that these rules tend to apply to employers that are handling business within the USA and with the government.

If you wish to apply for government business, you have to sign a release that will allow them to conduct a background check. Therefore, they will call all your past employers to provide drug testing information.

By checking here, you can learn more on the Department Of Transportation. 

Disclosure Policies

Some companies wanted to protect themselves by implementing a policy to restrict responses to a few questions or to not respond at all to reference requests. Typically, they will allow general questions such as job title, date of employment, and maybe salary.

However, sharing with other people means that you can sue your past employer for defamation. Since this could be a highly problematic moment, some large companies will provide you references through telephone service.

Things to Know About DOT Drug Testing

The main regulatory body that creates regulations for the Department of Transportation agency is the Federal Motor Carrier Safety Administration. However, you should have in mind that DOT testing is a vital consideration for commercially licensed drivers.

On the other hand, if you are doing something else for them such as loading and unloading freight, the regulation does not apply in general. DOT regulations will help you specify six mandatory testing situations. 

We are talking about pre-employment, random, post-accident, return-to-duty, reasonable suspicion, and follow-up testing. In case you fail or refuse to take alcohol or drug test, you will not be able to return to work. 

It is crucial to complete the DOT return to duty process that involves communication and analysis from a substance abuse professional. 

Even though conducting a single test is enough for more particular situations, commercial drivers will have to pass at least six tests in one year. Enter this particular official website: https://www.fmcsa.dot.gov/ to check latest news on Department of Transportation.  

Testing Requirements

The federal regulations state that these tests should check for cocaine, opiates, and marijuana as well as amphetamine and PCP. The main problem with this particular program is that it is covering various classes of drugs.

Most Department of Transportation programs will help you cover three different classes of drugs, and the employer will have the ability to conduct a separate screening policy that will search for more drugs.

Have in mind that state laws for non-commercial drivers are 0.08 grams of alcohol as a legal limit when you’re working as a commercial DOT driver, the maximum concentration can only be 0.02.

You should have in mind that urine drug tests are the most common screening method that will provide you peace of mind. 

At the same time, reasonable suspicion and post-accident tests are conducted by taking breathalyzer as well as a blood test that is relevant to the Department of Transportation.

Have in mind that DOT will also accept the results after law enforcement administers a breathalyzer. Even though these regulations are considered as mandatory, every single one includes the expectation of privacy during the sampling face.

For instance, when you pass follow-up and return-to-duty tests, you will have to do it under direct supervision in which someone will be next to you to see whether you’re tampering with urinalysis or not.

They also come with strict security requirements as well as confidentiality, which will help you protect the identity when it comes to handling testing samples.

Final Word

It is vital to understand how these testing methods function and to read regulations so that you can handle these issues with ease. Of course, it requires you to avoid consuming anything that may impair your judgment and reduce concentration.

This is especially important if you are working as a commercial driver because you have to be in excellent physical shape to remain as the truck driver. 

However, apart from the idea that you will be able to drive around, consuming anything, and failing the test will reduce the chances of working again in a similar industry.

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